Adds 760 IAC 1-80 to establish a process to allow the commissioner to determine whether certain filings or supporting information submitted to the department are confidential. Effective 30 days after filing with the Publisher.

Rule 80. Confidentiality of Filings and Supporting Information

(1) "Commissioner" means the commissioner of the department of insurance.

(2) "Confidentiality request" means a written request made under section 2 of this rule by a filer providing a sufficient basis on which the commissioner may determine that a filing or supporting information is confidential.

(3) "Filer" means an insurer, authorized third party, or rating organization making a casualty insurance filing of the type set forth in IC 27-1-22-2.

Sec. 2. (a) If a filer marks a filing or supporting information "confidential", "trade secret", or "proprietary", the filer must also submit a confidentiality request to the commissioner. The confidentiality request must meet the requirements set forth in subsection (c).

(b) Filings containing a confidentiality request must be submitted through electronic mail or paper form.

(c) When making a confidentiality request, in addition to the requirements set forth in IC 27-1-22-4(e), a filer must include the following:

(1) A written demonstration to the commissioner that the filing or supporting information contains a trade secret.

(2) A written attestation by an officer of the insurer or rating organization that to the officer's best belief and knowledge, the filing contains a trade secret.

(3) A written attestation by an officer of the insurer or rating organization that to the officer's best belief and knowledge, the information in the filing has not been made public in any other state.

(4) A fee of one hundred dollars ($100) for each confidentiality request.

(d) A filer must submit a filing containing a confidentiality request separately from filings or supporting information that is not confidential. Filings containing a confidentiality request should include only the material that may qualify for confidential treatment, descriptions or explanations pertaining to those materials, and support specific to those materials. Identifying references to corresponding public filings may be included.

(e) If a filer submits a filing or supporting information containing a confidentiality request and marks the filing or supporting information "confidential", "trade secret", or "proprietary", the entire filing and supporting information will be open to public inspection if the commissioner later determines that the filing is not confidential and the filing is not withdrawn.

(f) A written demonstration that a filing or supporting information is confidential must include evidence that the filing or supporting information:

Sec. 4. (a) If the commissioner finds that additional information is required from the filer to determine whether a filing or supporting information containing a confidentiality request is confidential, the filer submitting the confidentiality request must provide the requested information to the commissioner within fifteen (15) business days of receipt of the request from the commissioner. If a filer fails to provide the requested information within fifteen (15) business days of receipt of the request from the commissioner, the entire filing will be returned and deemed abandoned.

(b) If the commissioner requests additional information from a filer under subsection (a), the thirty (30) day deemer provision set forth in IC 27-1-22-4(e)(2) shall be tolled to and include the business day following the day the filer provides the requested information to the commissioner. Thereafter, a new thirty (30) day period will commence.

Sec. 5. (a) Filings or supporting information containing a confidentiality request returned to a filer under IC 27-1-22-4(e)(3)(A) or IC 27-1-22-4(e)(3)(B) shall be maintained by the insurer for the time period the filing is in public use. Documentation of previous returns or withdrawals of filings containing confidentiality requests shall be included in any similar future filings containing confidentiality requests.

(b) Filings that are not withdrawn or determined to be confidential will not be returned to the filer.